ANWARUL HAQUE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE writ petitioners pray for quashing the order of the learned Collector (Respondent no.2) and the learned Additional Collector (respondent no.3), dated 27.2.1997, passed in L.C. Case No.28M/269 of 1973-74, whereby the Anchal Adhikari was directed to distribute the surplus land of the petitioners.

(2.) THE facts of the case in short are that a Land Ceiling Case No.28M/269 of 1973-74 was initiated against the predecessor of the petitioners, Haroon Rasheed with respect to 25.54 acres of land. THE Deputy Collector, Land Reforms, Gopalganj vide his order dated 6.6.1984 held that the petitioners did not have any surplus land and dropped the proceedings. On 3.7.1985 Haroon Rasheed died leaving behind the petitioners as his heirs. THE matter was reopened in the year 1988 on the order of the learned Additional Collector and a fresh enquiry started against Haroon Rasheed. THE petitioners assert that Haroon Rasheed died long back in 1985, and no notice was sent to them neither they were impleaded a party. On 16.11.1993 a draft statement was published under section 10(2) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961 (hereinafter referred to as the 'Act') and out of total land held by the petitioners, 98 decimals of land were declared surplus after allowing only one unit of 24.56 acres. In the said draft statement 11.32 acres was shown as Class-IV land, 8.50 acres as Class-III and 5.72 acres as Class-II land. THE draft statement of status of land was sent to the Collector of the district for his approval. THE learned Collector on perusal of the materials on record found that 761/2 decimals of land of plot no.1989, Khata no.25 of village- Dhama Pokar was not included in the land of the petitioners and the same also was not the subject-matter of the earlier proceedings. THE learned Collector sent back the record for inclusion of land and publication of fresh statement. On 1.2.1997 notification under section 15(1) of the Act was published giving rise to impugned order, contained in Annexure-1.